State v. Johnson, 298 Neb. 491

Background

In December 2011, April Smith was found murdered in her duplex; autopsy showed stab wound and signs of strangulation/suffocation; her blood and a fingerprint matching Craig A. Johnson were found on items at the scene. Johnson was arrested in Michigan driving April’s van and had her blood on clothing and shoes.
A jury convicted Johnson of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person; sentences were imposed consecutively.
On direct appeal Johnson raised several issues; the Nebraska Supreme Court rejected most and found one DNA-evidence admission error harmless beyond a reasonable doubt.
Johnson filed a verified postconviction motion alleging multiple instances of ineffective assistance of trial and appellate counsel (voir dire, directed verdict argument, closing objections, denial of right to testify, appellate challenge to photographs) and a speedy-trial violation.
The district court denied postconviction relief without an evidentiary hearing, finding Johnson’s verified allegations insufficient and that the record demonstrated no entitlement to relief; Johnson appealed.

Issues

Issue	Plaintiff's Argument (Johnson)	Defendant's Argument (State)	Held
Ineffective assistance during voir dire (failure to object to prosecutor remarks)	Remarks were improper and counsel should have objected; prejudiced jury	Remarks were not improper or were permissible inferences/context; jury instructions cured any risk	Court: No misconduct; counsel not ineffective and no prejudice shown
Failure to argue directed verdict/move for verdict (counts II & III)	Counsel failed to press argument after moving for directed verdict; lack of direct DNA on knife undermines convictions	Sufficient circumstantial and physical evidence supported the convictions; argument would have been futile	Court: Evidence adequate; denying the motion was proper; counsel not ineffective
Failure to object to State's closing argument (alleged inflammatory/blame-the-victim)	Closing improperly inflamed jury and diverted attention from State's burden	Arguments were reasonable inferences from evidence and within summation scope; jury instructions limited risk	Court: Closing permissible; no prosecutorial misconduct; counsel not ineffective
Denial of right to testify (counsel prevented/testimony waived)	Johnson would have testified to his innocence and to explain travel to Michigan	Allegations were conclusory; no specific proffer of testimony showing prejudice	Court: Claims insufficiently specific; no reasonable probability of a different outcome; no hearing required
Ineffective assistance of appellate counsel re: autopsy/crime-scene photographs	Appellate counsel misidentified and failed to press photographic exclusion argument on appeal	Photographs were relevant to pathologist testimony and cause of death; claim weak	Court: Photographs properly admitted; appellate counsel not ineffective
Speedy-trial violation	Delay violated Sixth Amendment right	Issue was available on direct appeal and was not raised; procedurally barred in postconviction	Court: Claim barred; not considered on postconviction review

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance test: deficient performance and prejudice)
Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory strikes)
State v. Vela, 297 Neb. 227 (standards for postconviction sufficiency and evidentiary hearings)
State v. Dubray, 289 Neb. 208 (discusses summation inferences and appellate-review standards)
State v. Iromuanya, 282 Neb. 798 (right to testify and counsel’s advisory role)
State v. Betancourt-Garcia, 295 Neb. 170 (directed-verdict standard in criminal cases)
State v. Morley, 239 Neb. 141 (prejudice analysis given overwhelming evidence)